Fruit Dispatch Co. v. C. C. Taft Co.

The plaintiff sued to recover the contract price of a carload of'bananas.- The defense was, in substance, that the bananas were purchased bv telephone, of plaintiff’s agent in Burlington, to be shipped from New Orleans to Des Moines; that defendant had never seen the bananas; that they were in the possession of the plaintiff at New Orleans, and plaintiff had knowledge of their quality and condition and that defendant was so purchasing them for shipment to and resale at Des Moines; that it was falsely and fraudulently represented by plaintiff that they were reasonably worth $4.80 per hundred…